Mark Miller

Senior Attorney Florida

Mark Miller, a PLF Senior Attorney, manages PLF’s Florida office in Palm Beach Gardens. Mark’s practice focuses on environmental law, property rights, administrative law, and the separation of powers.  CBS This Morning, Fox & Friends, The Wall Street Journal and National Public Radio (NPR) have all featured his work, and he appears regularly on SiriusXM Radio‘s daily Morning Briefing with Tim Farley show on the POTUS channel to discuss the news from the Supreme Court of the United States.

A board-certified expert in appellate practice, Thomson Reuters lists Mark as a Florida SuperLawyer, Florida Trend Magazine has described him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He serves on the Boards of Directors for Americans United for Life, the Martin County Legal Aid Society, and Florida’s Fourth District Court of Appeal Historical Society. He is a former President of the Martin County Bar Association, and he currently serves as the President of the Palm Beach Lawyers’ Chapter of the Federalist Society. In 2018, Florida Governor Rick Scott appointed him to serve a four-year term as a member of Florida’s Fourth District Court of Appeal Judicial Nominating Commission; in 2019, Florida’s 19th Judicial Circuit Chief Judge Elizabeth A. Metzger appointed him to the circuit’s Professionalism Panel Executive Board.

He attended college and law school at the University of Florida, earning both diplomas with honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court, and he served as lead counsel for the family landowners in Weyerhaeuser v. U.S. Fish & Wildlife Service, an 8-0 win for the property owners before the nation’s highest court.

Pavlock v. Indiana

Family sues to stop Indiana’s beachfront land grab

The Pavlock family has owned property along Indiana’s Lake Michigan shoreline for generations. Last year, a ruling by the Indiana Supreme Court redefined state law to move lakefront owners’ property lines from the water’s edge or below to the lake’s ordinary high-water mark, turning large swaths of private beach into public ...

Erica Perez Perez v. Wayne County

Family fights home equity theft to protect the American Dream

Though Erica Perez and her family spent most of their lives in New Jersey, they had their sights set on Detroit to join their relatives who already lived there. In 2012, Erica and her father Romualdo bought a property containing a four-unit apartment building and a dilapidated single-family home in Detroit for $60,000. They spent three years fixing ...

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an el ...

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behal ...

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Government-sanctioned private land grabs over absent animals are illegal

The U.S. Supreme Court opened its fall term on October 1, 2018, with the famous “frog case” out of Louisiana. That’s where federal regulators declared more than 1,500 acres of private land as a critical habitat for the dusky gopher frog—a species not seen in the state for more than 50 years. PLF client Edward Poitevent owns 95 p ...

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April 14, 2020

Florida deems WWE ‘essential’ and shows the danger of unchecked government during COVID-19

Today the governor of Florida and mayor of Orange County* have deemed professional wrestling (Hulk Hogan et al.) to be an "essential activity," allowing it to go forward despite government orders to shelter in place for the rest of us. Floridians do not like the smell of what these Florida politicians are cookin'. Aside from ...

April 10, 2020

Are quarantine orders constitutional?

The question on many minds during our time of quarantine: How far can state government officials go in curtailing constitutional rights like the freedom of association, free exercise of religion, and right to travel among and between the states, in service to public safety by reducing the spread of the coronavirus? The courts have been ...

March 26, 2020

How is COVID-19 affecting current Supreme Court cases?

This week, Pacific Legal Foundation Senior Attorney, Mark Miller, joined Host Tim Farley on The Morning Briefing on the P.O.T.U.S. channel on Sirius XM radio. During the show Mark discussed how the COVID-19 pandemic could affect the cases currently before the Court and the constitutional issues that the Court is deliberating. Listen to the intervie ...

February 10, 2020

The Gainesville Sun: ‘Rights of nature’ would erode rights of individuals

Alachua County environmental activists seek to do something never successfully done in American law: They want to give the Santa Fe River a "right of nature" to sue anyone that injures it. If that sounds crazy, you're not alone: No American court has recognized the "rights" of natural resources to sue. If the activists succeed, ...

July 20, 2019

Edward Poitevent’s victory at Supreme Court is a win for property rights and government accountability

For years, Edward Poitevent and his family were forced to fight for their land. But now, the Pointevant’s are winners in their long-running national battle over property rights and the reach of the Endangered Species Act. Edward’s case, Weyerhaeuser v. U.S. Fish and Wildlife Service, was the infamous "phantom frog" case. It centered aro ...

June 20, 2019

In imperfect Gundy decision, Supreme Court opens door to strengthen separation of powers

Today the Supreme Court of the United States opened the door for future cases that might restore a separation of powers doctrine called the nondelegation principle. In the decision on the Supreme Court case Gundy v. United States, a plurality of four justices and a conditional vote by Justice Alito together concluded that, under the ...

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